IN THE CASE OF:
BOARD DATE: 22 May 2012
DOCKET NUMBER: AR20110023686
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of his previous request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Purple Heart.
2. He states his award of the Purple Heart is referenced on a DA Form 638 (Recommendation for Award) and in the book Thunder Run.
3. He provides a DA Form 638 and the cover and two pages from the book Thunder Run.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110010591, on 27 October 2011.
2. The documents the applicant submitted are considered new evidence that requires consideration at this time.
3. The applicant enlisted in the Regular Army on 23 July 2002. He completed training and was awarded military occupational specialty 11B (Infantryman).
4. On 30 April 2006, he was honorably released from active duty after completing 3 years, 9 months, and 8 days of net active service.
5. His DD Form 214 does not show he was awarded the Purple Heart. It indicates he was deployed twice in support of Operation Iraqi Freedom, serving in Kuwait and Iraq from 7 January 2003 through 23 November 2003, and from 22 January 2005 through 10 January 2006.
6. His official military personnel file is void of documentation showing he was wounded or that he was awarded the Purple Heart.
7. In an email message provided during the processing of his previous application, dated 24 October 2011, an official from the Army Casualty and Mortuary Affairs Branch, U.S. Army Human Resources Command (HRC), Fort Knox, KY, indicated there was no casualty report recorded for the applicant for an injury or wound resulting from enemy action.
8. In support of his previous application, he provided a Purple Heart Certificate. The certificate is undated, does not include the date the wounds were incurred, and does not contain a corresponding permanent order number.
9. He provides a DA Form 638 showing he was recommended for award of the Army Commendation Medal (1st Oak Leaf Cluster) for his service from 23 July 2002 to 30 April 2006. Item 8 (Previous Awards) indicates he received the Purple Heart, and the award is mentioned again in item 20 (Achievements).
10. He provides two pages from the appendix of Thunder Run, a book about the 2003 assault on Baghdad, Iraq, by the 2d Brigade, 3d Infantry Division. The appendix lists combat awards given to members of the brigade. He is listed as a recipient of the Purple Heart. The source of this information is not shown.
11. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
12. Army Regulation 600-8-22 further states approved awards of the Purple Heart require the publication of permanent orders. The Purple Heart Certificate will include the following information: the recipients name and grade, the date wounded in action, and the date the certificate is signed. The regulation also states the permanent order number and date will be entered on award certificates.
DISCUSSION AND CONCLUSIONS:
1. The available records do not include documentation confirming a commander with proper authority approved award of the Purple Heart to the applicant.
2. The Purple Heart Certificate provided in support of his previous application is undated, does not show the date the wounds were incurred, and does not show a corresponding permanent order number.
3. Although the DA Form 638 he provides indicates he was awarded the Purple Heart, there is not enough information on the form to confirm his entitlement to the award. The same is true of the pages he has provided from Thunder Run.
4. In the absence of official documentation showing he was wounded as a result of hostile action, that such a wound required treatment by medical personnel, and that medical treatment was made a matter of official record, or official documentation showing permanent orders were issued awarding him the Purple Heart, there is an insufficient basis upon which to correct his DD Form 214 to show the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20110010591, dated 27 October 2011.
_______ _ __X_____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20110023686
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